THIS DAY.

Thames Star, Volume VIII, Issue 2911, 14 June 1878, Page 2

THIS DAY.

His Honor took his seat at 11 a.m.

WEBB T. TAIPABI AND OTHEB9.

Claim, £IC9 damages for assault. Mr Brassey for plaintiff, and Mr Macdonald for defendant.

The names of 12 jurymen summoned were called over, one of them being absent.

The following jury was then empannelled :—H. 0. Jtfankervis, James Patterson, C. Palmer, and G. Partington, Mr Patterson being chosen foreman. Mr Brassey applied to have the name Wiremu H.- Taipari on the summons altered to Wirope H. Taipari. The required amendment was allowed. Mr Macdonald made a similar application, which was also agreed to. Mr Brassey then addressed the jury, saying that the case really was one of assault and false imprisonment. He then stated the case.

Henry Endres, sworn, deposed—l am licensee of the Shortland Hotel, and recollect the evening of May 27. Some natives wtre in my house on that night. This is a pretty correct plan of the hotel. The small room at the back was not exclusively for the natives. It is one of my pubKc rooms.

By, Mr Macdonald--Webb was stopping at my place at the time. Thomas Webb, sworn, deposed—l am the plaintiff, and am manager at the Kauacranga bush. I recollect the evening of the 27th ult. I was at the Shortland Hotel where I had engaged a bed for the u^ght. I recognise the four defendants. V I wont into the hotel about eleven o'clock, when' I found it was full of Mporis, who all appeared to be the worse of drink. Taipari and Te Eira, or Bob, were slightly intoxicated. I was standing at the door of the room when Bob came up and gave me two or three shoves and said, " All pakehas go out of this/ He then hit me on the side of the cheek, which could be-'seen by those in front. As I was in the act of defending myself the defendant Tati struck me a cross blow on the head, and Taipari came up with several others and caught hold of me by the hair of the head. Taipari had been standing out from the bar. I have not much recollection after that till I found myself in the lock up, I haying been stunned with a kick or a blow with a weapon. Taipari had been brandishing about a pair of handcuffs. They (the natives) were kicking from all parts. I cannot tell if all the defendants kicked me. The natives took me t to the lock up, where I saw Constable Murphy. Taipari demanded that I should be locked up. Murphy refused to lock me up. There were se/eral people present at the row. I sustained severe injuries from the kicking and beating I got, and was not able to work for a week—in fact, lam not quite right yet. I gave the natives no provocation. I was perfectly sober myself that evening. I was badly bruised on the shoulders and back, and had a scar on my face during the scuffle. I did not hear Taipari say " Wharehirehire." I was not the aggressor. I was put to a certain expense by not being able to w6rk» and my feelings were injured by being locked up. By Mr Macdonald—After I was taken to the lock up I was smoking my pipe in the bar. When I left the hotel next morning I had not a heavy load. I Btruck no blow that evening;

Te Bira, who was interpreted by Mr G^ T. Wilkinson, sworn deposed^—l am often called " Bob." I, with Taipari and the other defendants, was at the Shortland Hotel on the evening of the 27th ult. The place was full of Opoliki natives. I was sober, but I had had some drink. I had some rum, but do not know how many. I might have had five glasses. I was partly drunk but not noisy. I saw Mr Webb standing at the small room door which was full. I was turning out some boys. I didn't touch Webb till he struck me. I.did not see any one strike Webb, but saw Taipari going towards him. Webb was perfectly quiet and peaceable, standing at .the door way. I did not go across to the police station with Webb, Taipari and others. I did not see Taipari with handcuffs, nor did I hear him say he was a Maori policeman. By Mr Macdonald—Webb was looking on at what was going oh> in the room, and was standing where he could see what was going on. I was turning out the boys while Webb was standing at the deor. I have never had any' quarrel with Webb. Webb said to me, "I know you," and then struck me. That was when I asked him to go out. Webb struck me and then I struck him, and the people in the room separated us, and Taipari and the others took charge of him. Wirope H. Taippri, swoiiii deposed— I am captain of the Native Volunteers, and receive a salary of £250 per annum from the Government. I' was at the Shortland Hotel on the 27th ultimo., and saw Webb there. He was standing at the doorway looking into the room. He appeared to be sober and was j not making a noise. I was sober, and was not drunk when I went over to the police j station. I arrested Webb because he was hitting some one in the room. I had handcuffs in my pocket, and I have had tbem ever since the Government appointed me to take people. I have arrested people before. I know liie. law concerning breaches of the peace. ■ I read it in the Maeri law book. I took the man Webb away to stop the row. I did not say to the policeman that Webb struck Andrew (one of the defendants). I did not hit Webb with the handcuffs. The policeman would not arrest Webb, but said I could summon him next day, or he summon me. - I didl not,care to advise Eira to summon Webb. I did not order all the white people out of the hotel after the row, but told thw Ngatiawa natives to go home. [ ■ By Mr Macdonald—l endeavored to stop the disturbance by putting Te Eira behind me. I took Webb into custody because he struck Te Eira. I would not have meddled with Webb if he had not wished to strike Te liira after I took him behind me. I never struck Webb.

Tati, one of the defendants, sworn, gave corroborative evidence, after which the Court adjourned till 1.3Q

On resuming, the following evidence was taken. Anaru, another defendant, sworn, deposed—l was at the Shortland Hotel on 27th in»t, and saw the row. (Witness here gave corroborative evidence.) William Smith, sworn, deposed—l am a laborer residing at Waikato, and recollect being at the Shortland hotel on the 2£th of" May. I saw the four natives there. They were kicking up a great noise, and were drunk. I can talk Maori. I first saw Webb in front of the two little rooms. Webb was standing where the cross is on the plan. He was sober, and when he went to go through the room. liira shoved him, and struck him on the cheek. Taipari ran up and caught Webb by the hair of the head, and held him while the Maoris were hitting him, and swung round a pair of handcuffs, and hit Webb on tLe face. The defendant Tati was punchirg and kicking Webb at the same time, and then the natives dragged him over to the Police station, handling him very roughly. When Taipari returned from the Police Court, I heard him order the natives to clear'the Euro* peans out of the house. By Mr Macdonald—l was standing looking at the people in the bar. Webb said he was going to the rear. All the defendants were drunk. . Elijah Targett, sworn, deposed—l am a fish curer residing in Shortland. I was at the Shortland Hotel on May 27th. I saw the defendants there and also the plaintiff. I was in the billiard room and heard a great row, so I went oat and stood against the window of the billiard room. Webb was standing opposite me at the room door, and Bob (Bira) came up, and shoved Webb. Webb said, " Don't shove me or J'll hit you," - and with that Bob hit him in the face, and Webb returned the blow. Tati then came up p.nd a* so struck Webb,

and they all closed on him and began to hit and kick him. Taipari had him by the hair and some other natives were pulling the other way. Anaru was trying to stop the row. I then ran through' the bar door to see if there was a policeman about, but did not see one. When I came back Taipari had Webb by the hair, and Anaru had hold of Webb, who took him to the lockup. I followed to the gate and they shut the door, and I could not get in. After about five minutes I got in to the lockup where Taipari was, and I said that. it was not well that they should lock up Webb, but Taipari produced a pair of handcuffs. The gaoler told him to clear out, and I .went out too.

By Mr Macdonald—l am a bit of a poet, but leave other people to judge if I have a vivid.imagination. . Thomas Pick, sworn, deposed—l am a compositor of tae Evening Star Office, and recollect; being at the Shortland hotel, on the 27th ult., and recollect seeing Webb standing just insidethe little room, smoking. I and others were standing looking at the Maoris doing a kind of dance behind a table in the room. After we had been looking for half an hour, Bob the native came up to a man named O'Keefe, and told him to go out. Bob then caught hold of me, and started to push me out too. I Would not go out, but stood arguing with him for thr^jj&ioivtes, when he got hold of me and pushed me out, with Taipari's help. Bob commenced to shove Webb out, and shoved him two or three times before he got him out. He also hit Webb a fierce blow on the cheek", knocking his hat off and his pipe out of his mouth. Webb turned round and said, "You. had better not do that again," and as Bob was coming forward" again Webb drew off and hit him; As soon as this occurred Taipari let me go, and caught Webb by the hair and the coat', and several caught hold of Webb and dragged, hit, and kicked him, and dragged Him out of the hotel. I saw Taipari with a pair of handcuffs after the row. The natives were drunk, and Taipari had some liquor in him. Webb never said a word to the natives.

By Mr Macdonald —The natives never struck any of the other white men. [Left Sitting.]